Probate in Oregon
Whether probate is required depends on the dollar value of the assets—not on whether someone had a Will.
Probate Overview
Probate is a legal procedure in which the court oversees the assets of a deceased person. The court ensures that the deceased’s debts get paid and the remaining assets—maybe a house, car(s), bank accounts, investments, and/or personal belongings—get distributed to the proper heirs. In Oregon, an attorney normally is required for a probate proceeding.
Some people believe that having a Will avoids probate. Others believe that no probate is required if a person dies without a Will. Whether probate is required depends on the dollar value of the assets—not on whether someone had a Will.
In Oregon, if someone dies with a Will, probate helps ensure that the wishes of the deceased are followed. If someone dies without a Will, Oregon law will direct who inherits. Fortunately, even if someone dies without a Will, after any debts are paid, their assets go to their nearest next of kin—not to the state.
Probate Process
The typical probate process in the state Oregon includes the following steps:
- Step 1: Getting Appointed as Personal Representative
- Step 2: Notice to Heirs, Will Beneficiaries, Creditors, and the Public
- Step 3: Creating an Inventory
- Step 4: Due Diligence Declaration
- Step 5: Accounting
- Step 6: Court Permission to Distribute
Click below to review these steps in detail.
Probate FAQs
Our firm typically asks the Personal Representative to pay a small retainer to cover out-of-pocket costs like the court filing fee; we wait to get paid for our attorney fees and staff time out of the deceased’s assets. The court reviews our bills before allowing payment.
In Oregon, if the deceased’s assets are worth $275,000 or less, a small estate proceeding may be appropriate. To qualify, any real estate that the deceased owned had to be worth less than $200,000 and the deceased’s other assets had to be worth no more than $75,000. The small estate proceeding still involves filing a legal document with the court and sending notices. The Inventory, Due Diligence Declaration, and Final Accounting are skipped, however.
If no one contests the will (if any) and the Personal Representative meets all their court deadlines, most people complete the probate process without ever having to physically go to court and see a judge. We file the various legal documents needed at each step along the way and wait for the court’s permission to distribute assets to the heirs or will beneficiaries.
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Probate
Probate is a legal procedure in which the court oversees the assets of a deceased person.